Waterboarding - refers to the practice of strapping a

suspect to a board with his or her head lowered, then the

face is covered and water is poured over it causing the
suspect to gag and experience the sensation of drowning.

Chinese water torture - interrogation technique,

repeatedly dripping water on the forehead of the suspect.
The goal is to drive the suspect to near insanity thereby
obtaining a confession.
Serial Killer - is someone who murders 3 or
more people with "cooling off" periods in
between.

Actus Reus/Guilty act- proof that a criminal

act has occurred.
Rouges Gallery - is a police collection of
pictures or photographs of criminals and
suspects kept for identification purposes.

Mugshot - is a photographic portrait taken

after one is arrested.
CRIMINAL INVESTIGATION:
When applied to law enforcement, it is safe to state
that crimes cannot be solved on its own unless the
police conducts criminal investigation.

Criminal investigation is “the systematic, step-by-

step process of determining whether or not a crime
has been committed, and if so, who committed it”.
Since it involves a step-by-step process, it helps to
know the different stages involved in the
development of a full blown criminal investigation,
these are:
1. Detection
2. Preliminary Investigation
3. Follow-up Investigation
4. Re-investigation
Detection – is the fact of discovery. It is the
chance event which triggers the operation of
our criminal justice system.
This occurs when a possible crime is observed
by the police or is reported to its attention.
Preliminary Investigation – the early of initial stage of the
investigation immediately after the occurrence of the crime.
i. Deal with emergencies first: - Neutralize all threats -
Render aid to the injured
ii. Cordon the crime scene
iii. Record all information and disseminate to available
patrol units for possible hot pursuit
iv. Wait for detectives
v. Make initial/spot report
Follow-up Investigation – after the initial
investigation, a more thorough investigation is
made by the detectives or investigators in
order to tie up the loose ends of the initial
investigation or further build up a stronger
case.
Re-investigation – in some cases, a reinvestigation is
resorted to whenever fatal errors are committed in the
earlier investigations which prevent the closure of the case.
These unethical investigative practices may include:
i. Torture
ii. Planting of evidence
iii. Instigation
iv. Frame-up – where an innocent person is made to appear
responsible for a crime committed by another
v. White wash or “cover up” – where officials deny the
existence of a crime
NOTE:
Criminal Investigation, in whatever stage, is
primarily REPRESSIVE. Meaning, it comes into
action only when a crime occurs.
Crime prevention is the first line of defense, when it
fails,
criminal investigation (the second line of defense)
begins. Criminal investigation therefore is reactive,
rather than proactive.
 QUALITIES OF A GOOD INVESTIGATOR
(Bennet & Hess, Criminal Investigation, 1995 Edition)
I. INTELLECTUAL CHARACTERISTICS

II. EMOTIONAL/PSYCHOLOGICAL

III. PHYSICAL CHARACTERISTICS

GOALS OF CRIMINAL INVESTIGATION
Criminal investigation has the following generally
accepted objectives:
1. To determine whether or not a crime has been
committed
2. To identify & arrest the suspect
3. To provide the prosecution with evidence
necessary to support conviction
4. To recover stolen property
 EARLY CONTRIBUTORS
Edmund Locard – French criminologist, he established the world’s first
crime laboratory in Lyon, France. He expounded Dr. Gross’ theory by
stating that “when two object come into contact with one another,
they leave traces of each other behind” (there is always something left
behind at the crime scene).

Sir Llewelleyn William Atcherly – Chief Constable of West Riding,

Yorshire. He pioneered the recording of M.O. (modus operandi) files as
investigative aids that can be used to identify criminals based on the
tools they use, the manner of commission, the time of the crime, and
other pertinent data.
 EARLY CONTRIBUTORS
Jonathan Wild – conceived a business of recovering stolen properties
for a fee in England in the 17th Century (theif-takers). Arguably the
world’s first private detective, he took advantage of a system of bounty
and rewards set up by the British Parliamentary Reward System.

Alan Pinkerton – he was a pioneer in nongovernment policing and

private detective works in the US. The company he established bore his
name (Pinkertons) and have a logo of an eye with the inscription “we
never sleep” which the American public came to know as “private eye”.
Among the famous cases they solved involved Harry “Sundance Kid”
Longbaugh of the Butch Cassidy outlaw gang.
 EARLY CONTRIBUTORS

John Edgar Hoover – director of the Federal Bureau of

Investigation, his efforts to centralize information on
fugitives, criminal activity, organized crime, fingerprints, etc.,
led to the further development of criminal investigation.

Dr. Hans Gross – father of Criminalistics, he published a book

entitled “Modern Criminal Investigation” which pave the way
for Edmund Locard to incorporate modern science to police
works.
Criminal investigation - it is the collection of facts in order to
accomplish the three fold aims:

3 Fold Aims Of Criminal Investigation

To identify the guilty party
To locate the guilty party
To provide evidence of his guilt

6 Cardinal points of investigation

What specific offense was committed
How the offense was committed
Who committed it
Where the offense was committed
When it was committed
Why it was committed
PHASES/STAGES OF CRIMINAL INVESTIGATION

1.Phase 1 - identify the suspect through:

                      1. confession
                      2. eyewitness testimony
                      3. circumstantial evidence
                      4. associate evidence

2. Phase 2 - locate and apprehend suspect.

3. Phase 3 - gather and provide evidence to establish the

guilt of the accused.
I. IDENTIFICATION OF CRIMINALS
 
METHODS OF IDENTIFYING CRIMINALS
• By confession or admission of the criminal
himself
• Identification by accounts or testimonies of
eyewitnesses
• Identification by circumstantial evidence
• Identification by associative evidence
• Identification by the Method of Operation
(Modus Operandi)
 
CONFESSION– is the direct acknowledgement of
guilt arising from the commission of a crime.
 
Types of Confession
Extra-Judicial Confession – those made by the
suspect during custodial investigation.
Judicial Confession– those made by the accused in
open court.  
ADMISSION– is a self-incriminatory statement by
the subject falling short of an acknowledgement of
guilt.
• It is an acknowledgement of a fact or circumstances from
which guilt maybe inferred.
• It implicates but does not incriminate.
• It is also an acknowledgement that a fact, action or
circumstances are true which strongly infer or directly admit
guilt but lacks the detail of the elements of the crime.
RULES TO BE OBSERVED IN TAKING CONFESSION
OR ADMISSION
• Confession or admission must be taken preferably in writing and
under oath
• It must be written in the language known and understood by the
accused, if not it must be clearly translated
• It must be freely and voluntary given by the accused
• Under the New Constitution, it must be taken in the presence of
competent and independent counsel chosen by the accused
KINDS OF CRIMINALS IDENTIFIED BY WITNESSES
• Known criminals
• Unknown criminals

Methods of Identification by witness

• Verbal description
• Photographic files (Rogues Gallery)
• General Photograph
• Artist sketch (Composite Criminal Illustration)
The value of identification by eyewitness
depends on:

• The ability to observe and remember

distinct appearance of suspect;
• Prevailing condition of visibility;
• The lapse of time.
What are the procedures of identification by
eyewitness?
• Physical line-up – is a means of selecting a suspect from
a group of innocent persons usually composed of seven
to ten persons. The purpose of line-up is to eliminate
the power of suggestion.
• Physical show-up – only one person is shown to the
witness usually at the scene of the crime and made
immediately after the arrest of the suspect.
CIRCUMSTANTIAL EVIDENCE - facts or circumstances from
which, either alone or in connection with other facts, the
identity of the person can be inferred.
What must be inferred to prove identity by circumstantial evidence?
1. Motive – is what induces the criminal to act
2. Intent –is the result or accomplishment of the act
3. Opportunity –is the physical possibility that the suspect could have committed
the crime.
It could be inferred from the following:
• The suspect could have been in the vicinity of the crime scene at the time it
was committed.
• Knowledge of the criminal objective.
• Absence of an alibi on the part of the criminal.
PHYSICAL EVIDENCE TO IDENTIFY CRIMINALS
• CORPUS DELICTI– is the body of the crime or fact of specific loss
or injury sustained. It constitutes the essential parts or elements
in the commission of the crime.
• ASSOCIATIVE EVIDENCE – these are the pieces of evidence that
will link the suspect to the crime scene. The suspect may leave
some clues at the scene such as weapons, tools, garments or
prints.
• TRACING EVIDENCE – articles which assist the investigator in
locating the criminal. Stolen goods in the possession of the
suspect in an example of tracing evidence.
MODUS OPERANDI – is the method of operation by
a specific criminal or criminal syndicate.
It is a distinct pattern of how a crime is committed
and is established by a series of crimes under one
classification.
The modus operandi of one criminal is distinct and
different from the other.
II. TRACING, LOCATING AND APPREHENDING THE
CRIMINALS
 
INFORMANT – is a person who gives information to
the police relevant to a criminal case about the
activities of criminals or syndicates.
TYPES OF INFORMANTS
• Anonymous informant – do not wish to be identified.
• Rival elimination informant – to eliminate competition.
• False informant – reveals information of no consequence or value.
• Frightened informant – motivated by anxiety.
• Self-aggrandizing – hangs about the fringes of the criminals.
• Mercenary informant – gives information for a price.
• Double crosser informant – to get more information from the
police.
• Woman informant – female associate of the criminals.
• Legitimate informant – operators of legitimate business
establishments.
SURVEILLANCE – is the secret observation of persons, places and
vehicles for the purpose of obtaining information concerning the
identities or activities of the subject.
KINDS OF SURVEILLANCE
• Surveillance of Place (fixed/ stake-out)
• Tailing or Shadowing
• Roping or undercover investigation
 
SURVEILLANT – is the person who maintains the surveillance or
performs the observation.
 
SUBJECT – the person or place being watched or surveyed.
How to conduct surveillance of place?
• A careful survey of the surrounding area should be made.
• The character of the neighborhood, residents and transient should
be noted.
• The observation point should be selected properly.
• When observation is conducted from a ‘plant’, surveillance agents
must be extremely careful not to reveal their true activity.
• Observation maybe made through a window or other aperture so
as to be unnoticed from the outside.
• Venetian blinds afford the best coverage, but may appear to be
out of place of some buildings.
How to conduct surveillance of place?
• An alternative is to lower the roller of draw shades another inch
from the window.
• Binoculars are generally essentially equipment of the plants, as
they facilitate positive identification of person entering or leaving
the place under and observation.
• A still or video camera with telephoto lens can also be used
effectively.
• Agents should take careful notes of what they observe and should
record detailed descriptions of all individuals entering the target.
• A chronological log is usually the best of recording pertinent
occurrences.
METHODS OF SHADOWING
• One man –extremely difficult and should be avoided, if
unavoidable keep subject in view at all times.
• Two man – two agents are employed to follow the subject.
• ABC method – reduces the risk of losing the subject, affords
greater security agents detection.
• Progressive/Leap from method – poor chances of obtaining good
results, agents are stations at a fixed point assuming that subject
followed the same general route each day.
• Combined foot-auto surveillance – employment of surveillants on
foot and agents in an automobile.
What are the things that should be avoided during
shadowing?
• Don’t meet the eye of the subject
• Don’t adopt a slinking, sleuthing, creeping
manner
• Don’t wear story book disguises
• Don’t carry noticeable items
• Don’t greet fellow agents
• Don’t make notations ostensibly
How to detect foot surveillance?
A subject who is suspicious of being under surveillance may
resort to trickery in order to verify his suspicion. When a subject
resort to such trickery, it is good policy to change agents, for the
suspect may have ‘spotted’ one or more of his surveillants.
• stopping abruptly and look back
• casually looking around
• reversing course/retracing steps
• boarding bus and alighting just before they start
• riding short distance on bus
• circling the block on a taxi
• entering a building and leaving immediately via another exit
How to detect foot surveillance?

• stopping abruptly after turning a corner

• using convoys
• watching reflection in shop windows
• walking slowly and rapidly at alternate intervals
• dropping a piece of papers to see if anyone retrieves it
• stopping to tie a shoe string, meanwhile looking around for
surveillants
• arranging with a friend in a shop, stores or other places to watch
for surveillants.
How to elude foot surveillance?
Common method to elude foot surveillance in which surveillants
must be prepared and guard against are the following:
• jumping off a bus, trains just as the doors are about to close
• leaving a building through the rear or side exits
• losing one self in crowds
• entering theaters and leaving immediately through an exit
• pointing out one surveillant to a police to a generally require the
agent to explain his action
• using decoys
• taking the last taxi at a stand
• changing clothing
AUTOMOBILE SURVEILLANCE
The methods of auto surveillance to be used depends upon
the;
• numbers and type of surveillance vehicles available
• the volume of vehicular traffic in the area
• the importance of concealing the surveillance from the
subject the subject’s estimated ability to detect and elude
surveillance
At all times each vehicle should be occupied by at least two
agents; one to concentrate on driving, and the other to
observe, take notes, operate radio equipment, or to dismount
and continue the surveillance on foot.
How to detect automobile surveillance
As in the case of foot surveillance, a subject who believes he is
being followed may resort to trickery in order to verify his suspicions.
Some of the common tricks employed:
• Alternate fast and slow driving
• Driving into dead-end streets
• Frequency parking
• Committing flagrant traffic on one way streets, and running
through red lights
• Stopping suddenly around curves or corners
• Pulling into driveways
• Speeding up a hill, then coasting slowly down
How to elude automobile surveillance
• Committing traffic violations
• Using double entrances to driveways; in one and out the
other
• Curbing through parking lots
• Driving through congested areas
• Deserting the vehicle behind curves or corners, but
permitting the drivers to drive on as a decoy.
UNDERCOVER INVESTIGATION – is a form of investigation
in which the investigator assumes a different and unofficial
identity in order to obtain information.
 
DEFINITIONS
Undercover- an investigative technique in which the
Agent’s/Investigator’s official identity is concealed to
accomplish an investigative mission.
Natural cover- using the individual’s true identity,
occupation or profession.
Artificial cover- the manufacture of documents, false
documents, passports, or forged documents.
ARREST
Arrest is the taking of a person into custody in order that
he may be bound to answer for the commission of an
offense.
Forms of arrest
1. Actual restraint of a person to be arrested, or
2. By his submission to the custody of the person making
the arrest.
 
No violence or unnecessary force shall be used in making
an arrest. The person arrested shall not be subject to a
greater restraint than is necessary for his detention.
• Duty of arresting officer. — It shall be the duty of the officer
executing the warrant to arrest the accused and to deliver him to
the nearest police station or jail without unnecessary delay.

• Execution of warrant. — The head of the office to whom the

warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt.
Within ten (10) days after the expiration of the period, the officer
to whom it was assigned for execution shall make a report to the
judge who issued the warrant. In case of his failure to execute the
warrant, he shall state the reasons therefor.
Arrest without warrant; when lawful. — A peace officer or a private
person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense; (inflagrante delicto-Caught in
the Act)

(b) When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person to
be arrested has committed it;
(Hot Pursuit)

(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another. (Escapee)
• Time of making arrest. — An arrest may be made on any day
and at any time of the day or night.
• Method of arrest by officer by virtue of warrant. — When
making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest
and of the fact that a warrant has been issued for his arrest,
except when he flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such
information will imperil the arrest.
The officer need not have the warrant in his possession at the
time of the arrest but after the arrest, if the person arrested so
requires, the warrant shall be shown to him as soon as
practicable.
• Method of arrest by officer without warrant. —

When making an arrest without a warrant, the officer shall

inform the person to be arrested of his authority and the
cause of the arrest, unless the latter is either engaged in
the commission of an offense, is pursued immediately after
its commission, has escaped, flees or forcibly resists before
the officer has opportunity so to inform him, or when the
giving of such information will imperil the arrest.
• Method of arrest by private person. —
When making an arrest, a private person shall inform the
person to be arrested of the intention to arrest him and
cause of the arrest, unless the latter is either engaged in
the commission of an offense, is pursued immediately after
its commission, or has escaped, flees, or forcibly resists
before the person making the arrest has opportunity to so
inform him, or when the giving of such information will
imperil the arrest.
• Officer may summon assistance. —
An officer making a lawful arrest may orally
summon as many persons as he deems necessary
to assist him in effecting the arrest. Every person so
summoned by an officer shall assist him in effecting
the arrest when he can render such assistance
without detriment to himself.
• Right of officer to break into building or
enclosure. —
An officer, in order to make an arrest either by
virtue of a warrant, or without a warrant, may
break into any building or enclosure where the
person to be arrested is or is reasonably believed to
be, if he is refused admittance thereto, after
announcing his authority and purpose.
• Right to break out from building or
enclosure. — Whenever an officer has entered the
building or enclosure in accordance with the preceding
section, he may break out therefrom when necessary to
liberate himself.
• Arrest after escape or rescue. — If a person lawfully
arrested escapes or is rescued, any person may
immediately pursue or retake him without a warrant at
any time and in any place within the Philippines.
• Right of attorney or relative to visit person
arrested. — Any member of the Philippine Bar
shall, at the request of the person arrested or of
another acting in his behalf, have the right to visit
and confer privately with such person in the jail
or any other place of custody at any hour of the
day or night. Subject to reasonable regulations, a
relative of the person arrested can also exercise
the same right.
 III. GATHERING EVIDENCE
 
CRIME SCENE INVESTIGATION
It is the conduct of processes, more particularly,
the recognition, search, collection, handling,
preservation and documentation of physical
evidence to include the identification and interview
of witnesses and the arrest of suspect/s at the
crime scene.
• SOCO (Scene of the Crime Operation) –
Republic Act6975 as Amended by Republic Act 8551 (PNP
Law).
• The former law placed the Philippine National Police
Crime Laboratory as an Operational Support Unit.
• The Crime Laboratory established the so-called Scene of
the Crime Operation (SOCO) which is field operation.
• This is now an innovation because the SOCO now gathers
all evidence at the crime scene and takes custody of
them, marking and tagging them which otherwise the
duty of the criminal investigator before.
What Constitute a Crime Scene?
• Crime scene can be understood to include all
areas in which the criminal, any possible victim
and any eyewitness move during the time the
crime was committed.
• The boundaries must be established so that the
entire crime scene can be effectively preserved.
• In some crimes, however, the crime scene may
actually comprise several different sites.
 GOLDEN RULE AT CRIME SCENE
INVESTIGATION
Never touch, move, or alter any object at the
crime scene unless it has been photographed,
measured, and sketched from any
conceivable angle.
 UPON RECEIPT OF THE CRIME INCIDENT
The Desk Officer shall:
• Record the date and time the report/complaint
was made, the identity of the person who made
the report, place of the incident and a synopsis of
the incident.
• Inform his superior officer or the duty officer
regarding the report.
 UPON RECEIPT OF THE CRIME INCIDENT
The First Responder shall:
– Cordon off the crime scene with whatever available
materials like ropes, straws, human barricade, police line,
etc.;
– Evacuate injured persons to the nearest hospital;
– Prepare to take the “dying declaration” of severely injured
person, if any;
– Prevent entry/exit of persons within the cordoned area;
and
– Prepare to brief the investigator of the situation upon
their arrival.
 CRIME SCENE INVESTIGATION PROPER
A. Receipt of Briefing and Designation of
Command Post
Command Post – an area which, is ideally located
adjacent to the Crime Scene where the CSI
Evidence Custodian stays and receives the pieces of
evidence turned over to him for safekeeping by the
other evidence collectors.
 CRIME SCENE INVESTIGATION PROPER
B. Initiation of Preliminary Survey (Team Leader of CSI or SOCO)
a) Makes a general assessment of the scene;
b) Takes a cautious walk- through of the crime scene;
c) Takes down extensive note to document important factors;
d) Establishes the evidence most likely to be encountered;
e) Defines the extent of the search area;
f) Determines the personnel and equipment needed and makes
specific assignments; and
g) From his assessments, he develops a general theory of the
crime scene.
 CRIME SCENE INVESTIGATION PROPER
C. Preparation of Narrative Report
The Team leader uses the systematic approach in making a narrative
report.
 
D. Documentation of the Crime Scene
The photographer begins taking photographs as soon as possible.
The evidence collectors do not touch or moved any evidence once it
is located until it has been identified, measured and recorded.
 PHOTOGRAPHING THE CRIME SCENE
The main objective crime scene photography is to create an accurate
objective visual record of the crime scene before any item is moved
as possible physical evidence.

MAJOR TYPES OF PICTORIAL VIEWS

• General View or Long-Range – photograph of the over-all scene.
Distance: From the doorway to the room and other corners of the
room
• Mid-Range View
Distance: Eight or ten feet from the victim
• Close-up View
every physical evidence must be photographed in close-up view and
for different angles.
CRIME SCENE SKETCHES
A rough sketch is prepared indicating the actual
measurement of things with scale and proportion observed and
oriented to the North Pole. All necessary information is placed
in the sketch.
ELEMENTS OF SKETCH
• Measurement
• Compass direction
• Essential items
• Scale and proportion
• Legend
• Title
 SPECIFIC KINDS OF SKETCHES
Sketch of Locality- give picture of the scene, the crime and
its environs, including neighboring buildings, roads, etc.
Sketch of the Ground- picture of the scene of the crime
with its nearest physical surrounding.
Sketch in Details – the immediate scene only.
Exploded/ cross projection – gives the clear impression of
the scene in cases where blood stains or bullet holes are
found.
 TYPES OF MEASUREMENTS

• Rectangular coordinates method

• Triangulation method
• Baseline method
• Compass point method
• Cross projection method
Cross projection method
CRIME SCENE SEARCH
A crime scene search could only be started after
it has been photograph and sketched to
systematically look for physical evidence that may
prove useful in establishing that a crime has been
committed and to determine what method of
operation the perpetrator may have used.
 METHODS OF SEARCH
• Strip or Line Search Method
• Double Strip or Grid Method
• Spiral or Circular Method
• Quadrant or Zone Method
• Wheel, Radial or Spoke Method
 Methods of Crime Scene Search 
1. Strip or Line Search Method

 
 Methods of Crime Scene Search 
2. Double Strip or Grid Method
 Methods of Crime Scene Search 
3. Spiral or Circular Method

 
 
 Methods of Crime Scene Search 
4. Quadrant or Zone Method
 Methods of Crime Scene Search 
5. Wheel, Radial or Spoke Method
 Notes Taking
Note taking must be a constant activity throughout the
processing of the crime scene.
Notes must include:
– Detailed written description of the Crime Scene with locations
of recovered physical evidence;
– The time when the physical evidence was discovered;
– The person who discovered and collected the physical
evidence;
– The time when evidence was packaged and marked; and
– The disposition of the item when it was collected.
 Collection of Physical Evidence
The competence to recognize and properly collect
physical evidence is critical to both solving and
prosecuting crimes.
The team leader is always informed of significant
evidence located. The evidence collectors shall put his
initial, location and date of collection on the item and
turn it over to the evidence custodian for
documentation and safekeeping.
• PHYSICAL EVIDENCE – these are the articles and
materials which are found in connection with the
investigation and which aid in establishing the identity of
the perpetrator or the circumstances under which the
crime was committed or which, in general assist in the
prosecution of criminal.
It embraces any object, living or inanimate, solid, liquid, or
gas state.
What are the procedures needed for the care of physical
evidence?
In order to introduce physical evidence in court, three
important factors must be considered:
• The article must be properly identified
• Chain of custody must be proved
• The evidence must be material and relevant
CHAIN OF CUSTODY
It is the number of persons who handled
and possessed the pieces of evidence the
moment they were collected, marked and
tagged, up to the time of the final disposition
of the case.
Conduct of Final Survey
The team leader makes a final review
on the crime scene to determine
whether or not the processing has been
completed.
Release of the Crime Scene
The release of the crime scene is done if the investigator
is satisfied that all pieces of evidence have been recovered.
Thus, the investigator must evaluate the items recovered
from the results of the interrogations of the suspect/s and
the interview of the witnesses. He must bear in mind that
upon the formal release of the crime scene to the proper
authority, the warrant is already required for his re-entry to
the crime scene.
Section 3 Rules of Court- Admissibility of evidence
- Evidence is admissible when it is relevant to the
issue and is not excluded by law or these rules.  
 
Conditions for admissibility
A. RELEVANCY
B. COMPETENCY
Weight and Sufficiency of Evidence

• Preponderance of evidence. — In civil cases,

• Proof beyond reasonable doubt. — In a criminal
case,
• Substantial evidence. — In cases filed before
administrative or quasi-judicial bodies,
TOOLS OF AN INVESTIGATOR IN GATHERING FACTS

1. Information - data gathered by an investigator and other person

including the victim himself and from:
                             1. public records
                             2. private records
                             3. modus operandi file
 2. Interview/Interrogation - skillful questioning of witness and
suspects.

 3. Instrumentation - scientific examination of real  evidence,

application of instruments and method of physical sciences
in detecting crime.
I. INFORMATION
It is the knowledge/data which an investigator acquired from other
persons and records.
 
For purposes of investigation, INFORMATION is “anything that tells us
something, whether, correct or incorrect”.
This is a general term that refers to any facts, statements or materials
surrounding the commission of a crime. If the information is of such
nature and quality that it could further advance the investigation,
that information is called a LEAD. When there are no more leads to
develop, it is said that the investigation is facing a BLANK WALL.
2 Kinds of Information
  1. Regular sources - ex. citizen, company records
  2. Cultivated sources - ex. paid informant
Classes of Information
Regular Sources – records, files from government and non-
government agencies, news items.
Cultivated Sources – information gathered upon initiative of the
investigator from informants, vendors, taxicab driver, GRO, and
others.
Grapevine Sources – these are information coming from the
underworld characters such as prisoners and ex-convicts.
SOURCES OF INFORMATION
The following are sources of information:
A. Persons
B. Places
C. Things
A. Persons – these are individuals who may be:

1. Victims – the direct recipients of the crime itself who suffered

direct or indirect loss/injury as a consequence thereof
2. Complainants – persons who informs the police of a crime and
demands that something be done about it
3. Witnesses – third persons who have personal knowledge of
relevant facts surrounding a crime
4. Informers/Informants – furnishes information relative to a crime
either voluntarily or for a consideration
5. Suspects – person who is accused as the author of the crime
B. Places – places as a source of information generally refers to the
SCENE OF THE CRIME (locus criminis).
It is important for the investigators to locate the true crime scene
because it contains the highest concentration of physical evidence
and possible witnesses of its commission.
Crime scenes may be:
1. Primary Crime Scene – the place where the crime was committed
2. Secondary Crime Scene – the place where the crime was
continued
3. Pseudo Crime Scene – a crime scene staged to mislead, cover-up,
or conceal what really happened
C. Things – the last but certainly not the least source of
information are things.
• Things are any tangible objects found at the crime scene
or in possession of the suspect.
• These are objects of evidentiary value.
• The investigative classification of evidence is more
technical and is somewhat different from the
classification of evidence under the Rules of Court.
Nevertheless, they are related to one another.
 II. INSTRUMENTATION
Instrumentation refers to the use of forensic tools in order to
advance the goals of investigation. Also called CRIMINALISTICS, this
is where investigation becomes strictly scientific.
These are:
1. Legal Medicine;
2. Forensic Chemistry & Toxicology;
3. Personal Identification;
4. Firearms Identification (Forensic Ballistics);
5. Questioned Documents & Handwriting Examinations;
6. Polygraph Examinations; and
7. Police Photography
 III. INTERROGATION
Is a questioning of a person suspected of having committed an
offense or a person who is reluctant to make full disclosure of
information in his possession which is pertinent to the investigation.
 
Before starting the interrogation, however, he must remember the
requirements of Miranda Rights and other pertinent laws such as RA
7438 (Rights of a Person Arrested, Detained or Under Custodial
Interrogation) and RA 9745 (Anti-torture Act).
Miranda v. Arizona (Miranda Doctrine)
• Issue: Whether or not the conviction is proper.
• Ruling of the US Supreme Court: The conviction is erroneous and
violates the Due Process clause of the American Constitution.
Every person accused of a crime has the right to be informed his
right to remain silent; that what he says or do may be used
against him in a court of law; he has the right to counsel,
preferably of his own choice; and if he cannot afford, one will be
provided to him for free.
• An accused who is not properly appraised of these rights can
lawfully contest the validity of any signed confession or
statements, which, by virtue of the coercive pressure exerted by
veteran interrogators, he is too intimidated or powerless to resist.
Exceptions to the Miranda Rights:
1. When the accused freely and voluntarily waived this right;
2. Volunteered information – when the accused, without waiving this
right and without the police initiating the questioning, nevertheless
volunteered information which contributed to his conviction;
3. When the conviction is partly based on available evidence other
than the confession of the accused; and
4. Inevitable discovery rule – when the information furnished by the
accused is of such nature that the police would have discovered it
anyway, even in the absence of the confession, the accused could still
be convicted.
What are the purposes of Interrogation?
• To obtain confession to the crime
• To induce the suspect to make admission
• To learn the facts of the crime
• To learn the identity of the accomplice
• To develop information which will lead to the recovery of
the fruits of the crime
• To discover the details of other crimes participated by
the suspect
 Techniques/Approaches in Interrogation
• Emotional Appeal
• Sympathetic appeal
• Kindness
• Extenuation
• Shifting the blame
• Mutt and Jeff
• Bluff on a Split Pair
• Pretense of Physical Evidence
• Jolting
• Mixed approach
PROTOCOLS IN INVESTIGATION
Protocol 1: Jurisdictional Investigation by the Territorial
Unit Concerned
The Police Station, which has territorial jurisdiction of the
area where the crime incident was committed, shall
immediately undertake the necessary investigation and
processing of the crime scene, unless otherwise directed by
higher authorities for a certain case to be investigated by
other units/agency.
PROTOCOLS IN INVESTIGATION
Protocol 2: Official Police Blotter
• A Police Blotter is an 18” x 12” logbook with
hard-bound cover that contains the daily
register of all crime incident reports, official
summary of arrests, and other significant
events reported in a police station.
PROTOCOLS IN INVESTIGATION
Protocol 3: Investigation Team: Organization and Equipment
All investigators in any police unit must be a graduate of prescribed
investigation course with a rank of at least PO2 (pre-requisite to
assignment).
• Composition:
– Team Leader;
– Investigator/recorder;
– Photographer;
– Evidence custodian; and
– Composite Illustrator/Artist
• Equipment of the investigator:
• Police line;
PROTOCOLS IN INVESTIGATION
Protocol 3: Investigation Team: Organization and Equipment
• Video camera;
• Voice recorder;
• Camera;
• Measuring device;
• Gloves;
• Flashlight;
• Fingerprint kit;
• Evidence bag;
• Evidence tag;
• Evidence bottles/vials; and
• Investigator‟s tickler (contains the following)
– Investigator‟s checklist
– Anatomical diagram form
– Evidence checklist
– Turn-over receipt
PROTOCOLS IN INVESTIGATION
Protocol 4: Duties of the First Responder
• Proceed to the crime scene to validate the information received;
• Record the exact time of arrival and all pertinent data regarding the incident in
his issued pocket notebook and notify the TOC;
• Cordon off the area and secure the crime scene with a police line or whatever
available material like ropes, straws or human as barricade to preserve its
integrity;
• Check whether the situation still poses imminent danger and call for back up if
necessary;
• Identify possible witnesses and conduct preliminary interview and ensure their
availability for the incoming investigator-on-case;
• Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing,
make appropriate notification for dragnet operations;
PROTOCOLS IN INVESTIGATION
Protocol 4: Duties of the First Responder
• Prepare to take the “Dying Declaration” of severely injured persons with the following
requisites:
– That death is imminent and the declarant is conscious of that fact;
– That the declaration refers to the cause and surrounding circumstances of such
death;
– That the declaration relates to facts which the victim is competent to testify to; and
– That the declaration is offered in a case wherein the declarant‟s death is the
subject of the inquiry. (Section 37, Rule 130 of the Rules of Court).
• Evacuate the wounded to the nearest hospital using emergency
• services;
• Account for the killed, wounded and arrested persons for proper disposition;
• Conduct initial investigation; and
• Brief the investigator-on-case upon arrival and turn over the crime
• scene.
• Conduct inventory on the evidence taken at the crime scene; Inventory receipt should be
properly signed by the first responder, SOCO and the investigator.
PROTOCOLS IN INVESTIGATION
Protocol 5: Duties and responsibilities of the Investigating Team
• Take full control of the crime scene to include the conduct of
crime scene search; taking of photographs; making sketches;
lifting of fingerprints; markings of physical evidence; (Chain of
custody) the transmittal of evidence to crime laboratory; interview
of witnesses; gathering and evaluation of evidence; follow-up of
the case and the documentation and filing of appropriate charges
in court.
• Establish a command post in the immediate vicinity of the crime
scene;
PROTOCOLS IN INVESTIGATION
Protocol 5: Duties and responsibilities of the Investigating
Team
• Designate a holding area in the immediate vicinity of the
crime scene (for the media, VIP‟s and other personalities
present);
• Conduct case conference with the first responder, SOCO,
other law enforcers and rescue personnel;
• Note any secondary crime scene (if situation requires); and
• Release the crime scene after investigation.
PROTOCOLS IN INVESTIGATION
Protocol 6: Investigation of Suspects
• Procedures when arrest is made
– Secure the person arrested (handcuff at the back);
– Inform the arrested person on the cause of his arrest and his rights as
provided for in the Constitution;
– Conduct thorough search for weapons and other illegal materials against
the suspect/s;
– Use reasonable force in making arrest;
– Confiscated evidence shall be properly documented and marked;
– Bring the arrested person to the Police Station for investigation.
• Booking procedures of the Arrested Person/Suspect
– The arrested suspect shall be fingerprinted, photographed and subjected to
medical examination to include liquor and drug tests.
– Conduct record check.
PROTOCOLS IN INVESTIGATION
Protocol 7: Taking of Sworn Statements of
Suspects
• The execution of a suspect‟s “WAIVER” as
stipulated in Art 125 of the RPC shall always be
done in the presence of his chosen counsel or any
independent counsel.
PROTOCOLS IN INVESTIGATION
Protocol 8: Taking of Sworn Statement/s of the Witnesses
• Sworn Statement or Affidavit of complainant/s and
witness/es must be taken immediately by the
investigator-on-case.
• Affidavit of Arrest of arresting officers must be taken
immediately not later than 24 hours.
• In Inquest cases, the investigator-on-case and the
arresting officer/s shall observe Art. 125 of the RPC.
PROTOCOLS IN INVESTIGATION
Protocol 9: Preparation of Reports and Filing of Charges
• The Investigator-On-Case shall submit the following:
• Spot Report within 24 hrs to HHQ;
• Progress Report;
• After Operation Report;
• Final Report after the case is filed before the
prosecutor‟s office/court; and
• Accomplishment Report.
PROTOCOLS IN INVESTIGATION
Protocol 10: Procedure in the Release of Crime Scene
• Ensure that appropriate inventory has been made;
• Release is accomplished only after completion of the
final survey and proper documentation of evidence,
witness/es, victim/s and suspect/s; and
• If the crime scene is within a private property, the same
must be released to the lawful owner witnessed by any
barangay official. In case of government facility, it should
be released to the administrator.
PROTOCOLS IN INVESTIGATION
Protocol 11: Follow-up of Case
• The investigator shall conduct police operation to
identify and apprehend suspect/s based on the results of
the initial investigation conducted.
Protocol 12: Preparation of Case Investigation Plan
(CIPLAN)
• The conduct of police operation involving sensational
cases, high profile and heinous crimes must be covered
by Case Investigation Plan.
PROTOCOLS IN INVESTIGATION
Protocol 13: Attendance to Court Duties
• The investigator-on-case and arresting officers shall
endeavor to ensure their attendance during court
hearings while COPs/Heads of Units shall supervise and
ensure the attendance of witness/es.
Protocol 14: Uniform of the Investigator
• Prescribed uniform should be worn by investigators
when conducting investigation so as to identify them as
PNP personnel.
 CASE PREPARATION
After doing everything we discussed above, the investigator now shifts to case
preparation, which is loosely defined as “the gathering of all records of the case in
an orderly, chronological and logical manner, prior to the filing of the complaint”.
 These records consist of the following:
1. Affidavits of complainant and witnesses
2. Affidavit of arresting officers (in case of entrapment or warrantless arrests)
3. Initial or spot report
4. Progress reports
5. Crime laboratory examination results
6. Closing or Final report which contains the recommendations of the LEAD
investigator
7. Endorsement by the Chief
 
  Police Reports
Police reports are the official record of the actions taken by various
police personnel in relation to an event, incidence or crime.
Kinds:
1. Initial or Spot report – made immediately after an incident. Usually, within 24
hours. Usually made by patrol officers or first responders. In some cases, entries in
the police BLOTTER made by desk officers also constitute a spot report;
2. Progress reports – contains a brief of actions taken after the initial investigation.
Usually, criminal cases involves several progress reports which the lead investigator
collates alongside the initial report and other documents; and
3. Final or Closing report – contains a summary of all the findings, reports,
documents and affidavits and well as the recommendations of the lead
investigator. Unlike progress reports, there can only be one final report.
Characteristics of a good report:
The quality of your work as an investigator is judged
by the quality of your report. Ideally, a police report
must be like a bikini – brief enough to make it
interesting, yet broad enough to cover the most
interesting parts.
Thus, the following characteristics are desirable in a report:
Keyword: FACTUAL
1. Factual & Objective – the report must be based on facts and must be free of
conjectures, speculations or opinions;
2. Accurate – the information contained in the report must be precise;
3. Concise & Complete – Concise means the report must be as short as possible,
direct to the point and not circuitous.
4. Timely – the report must be submitted on time, otherwise, it becomes stale and
useless;
5. Unadulterated – the report must not be embellished. Statements made by the
witnesses must be recorded in “full” without adding or subtracting from what the
witness said, even if the investigator believes that the statement made by the
witness is wrong.
6. Analytical – the report must develop one unified theme culled from all the
different sources of information;
7. Legible – the report must be made in such a manner that others can read and
understand its content, especially in case of handwritten reports.
COMMON INVESTIGATION OVERSIGHTS
• Incomplete Case Folder – lack of material documentation of the case under
investigation.
•  No template for the conduct of investigation – police personnel are not
knowledgeable about crime scene preservation and basic investigation.
• Inadequacy of coordination – the SOCO, investigators, prosecutors and other
concerned agencies work separately and independently in the conduct of their
investigation.
• Failure to prosecute – pertains to absence of police investigator during trial to
act as prosecutor‟s witness due to retirement and transfer of concerned
investigator.
• Chain of Custody – non-observance of proper documentation in the turn-over
of evidence from one officer to another or one office to another.
• Less appreciation of electronic evidence – police investigators take for granted
the electronic devices such as cellphones, computers and other electronic
devices can be processed to give investigative leads.